50-50-120. Temporary food establishment requirements. (1) Whether for-profit or operated by a nonprofit organization, a temporary food establishment:

(a) must be operated in compliance with applicable department rules; and

(b) shall obtain a permit from the local health regulatory authority on a form approved by the state.

(2) (a) A for-profit temporary food establishment shall pay a required permit fee to the local regulatory authority.

(b) A temporary food establishment operated by a nonprofit organization:

(i) is exempt from paying a permit fee; and

(ii) may sell or serve foods that meet the definition of cottage food products but is not required to register as a cottage food operation.